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HomeMy WebLinkAbout06/14/1976 MINUTES June 14, 1975 A Study Session was called to order at 5 30 P m by Mayor Frank Stites at 4355 Field Street Councilman in attendance were Robert Howard, Larry Merkl and Hulsey was absent. Mary Jo Cavarra, Joseph Donaldson, Louise Turner. Councilman Calvin Also in attendance were Maurice Fox (who arrived and interested citizens City Administrator John Jerman, City Attorney later), City Clerk Elise Brougham, staff Scheduled for the Study Session was a discussion concerning labor relations legislation by David Parker of the Colorado Municipal League and A.H. (Herb) Abshire. They both expressed the feeling that passage of labor legislation was imminent in the State of Colorado and discussed various means of dealing with it. The League has a service to keep municipalities up to date and informed on the latest developments and techniques. Wheat Ridge has been actively participating in this service called PEG. Rich Andrews, Director of Administrative Services gave a brief summary of the City's activities in personnel. Mr. Jerman stated there would be a League sponsored all day meeting on July 24, 1975 with Mr. Bard who would explain labor management and urged Council to attend. REGULAR MEETING The three hundred and twenty-ninth regular meeting of the Wheat Ridge City Council was called to order at 7 30 p.m. by Mayor Frank Stites. Those in attendance are as stated above. There being no corrections or deletions, the Mayor declared that the Minutes of 5/10/75, 5/24/75 and 5/7/75 were approved as written. Public Comment was made by Amos Leaf of 2845 Chase stated he felt the City needed park property at 27th and Benton and 29th and Wadsworth. He stated there is also a dog problem at the 2800 block of Chase. City Attornev Fox stated the Hart Estate (27th & Benton) is before the Open Space Committee. Allan Quick stated Mr. Rex had requested a list of drainage and had received a list of projects only along Lena Gulch. in writing a request for all the projects and Mr. Jerman is this request and provide to Mr. Quick an answer. priorities He submitted to go over Mr. Peter Rex of 3388 Swadley stated he was a member of the Lena Gulch Task Force and that when the sales tax was passed it had been definitive where the drainage money would go and that he wanted the drainage areas itemized and the monies for each listed. Bob Eckhardt of 7400 West 34 Avenue spoke in favor of the 2 park acquisitions that were being contemplated east of Wadsworth and stated they were in compliance with the park plan City Attornev Fox spoke regarding the Hayward property at 29th Ave. and Wadsworth owned by Mr. Hayward. He stated a price had been agreed at in between two appraisals, he will donate the structure on the property but wishes to live there for 5 years on a lease basis and be paid to maintain the property and he would pay rent to the City. Motion by Councilman Merkl "I move the City of Wheat Ridge City Council authorize Mr. Fox, Mr. Jerman and the Mayor to enter into an agreement with the Open Space Committee to purchase the Hayward property at W 29 Avenue and Wadsworth I move that we also authorize the appropriate authorities to enter into a lease agreement with Mr. Hayward for rent of the subject residence and one half of three-fourths of one acre and in return ~he City pay compensation which has already been negotiated for maintaining the premises." Motion was seconded MINUTES - 5/14/75 - Continued -2- by Co~ncilman Donaldson and passed 4-2. Councilman Cavarra voted "nay", Councilman Donaldson voted "aye", Councilman Howard voted "aye", Councilman Merkl voted "aye", Councilman Turner voted "nay." Councilman Hulsey left a sealed voted which is attached to the Minutes and was recorded as "aye." No one was present for a scheduled Pre-Budqet Public Hearinq for 1977. Item 1. was Case WZ-75-04 an application by the City of Wheat Ridge Planning Commission for rezoning property bounded by W. 29 Ave. and Fenton Street and West 32 Avenue and Sheridan Blvd. from Residential-Three to Residential-One-C. Dave Shelley of the Planning Dept. presented a map which designated the area and he read in total a list of properties that were deleted upon desire of the owners. He stated that each individual property owner had not been contacted but that the notice had been published and 4 signs had been posted in the area. He stated a petition had been circulated on the matter in 9/23/75 with 85% of the property owners contacted. Councilman Turner stated that she felt all people should be individually notified before their land is rezoned. It was explained to several citizens who signed in opposition that this rezoning would not allow commercial in the area and they withdrew their opposition. Mr. Bob Eckhardt and Mr. Leland Stewart, Planning Commission Chairman spoke in favor. Motion by Councilman Merkl "I Mass Rezoning for the following 1. It is an upgrading of conforming. 2. The Planning Gommission approves it and the Planning Department recommends it. I further move for approval with the following stipulations 1. All the property shown on the attached map, OlYger Gardens Mass Rezoning Exhibit A, shown in blue be excluded from the mass rezoning at the request of the property owners." Motion was seconded by Councilman Cavarra. move for reasons the area the approval of Case WZ-75-04 and makes the residences Motion to Amend by Councilman Turner "I move that the residents in this area be contacted individually by our Planning Department and those who chose to be rezoned will be and those who chose not to be rezoned will not be." Motion was seconded by Councilman Howard and passed 4-1. Councilman Cavarra voted "nay." Question was called on Councilman Merkl's amend Motion and passed 4-0. Councilman Donaldson because he owned property in the area. (abstained) Item 2. Case MS-75-02 application by Vernon and Alvina Farr requesting approval for a Minor Subdivision at the southwest corner of W. 32 Ave. and Pierce Street, was scheduled. Dave Shelley explained there was an existing house and the property would be divided into 3 lots and doubles built on 2 of the lots. The lots were of irregular shape. Applicant Mr. Vernon Farr was present. Speaking in Opposition were Thomas Sla~rly of 6869 W. 32 Avenue who presented a plat of the area. Mr. & Mrs. Robert Clossen of 5840-50 W. 32 Avenue (Written protest). Henry Ablitz of 3099 Pierce Bob User of 6745 W. 32 Avenue Frank Miller of 6840 W. 32 Avenue Alice Jordan of 5852 W. 32 Avenue (Written protest) Mrs. Frank Miller of 6840 W. 32 Avenue. They all expressed feelings that the proposed development was not in keeping with the neighborhood character of larger lots for single family homes or duplexes and would increase traffic hazard etc. MINUTES - 6/14/76 - Continued -3- Motion by Councilman Cavarra "I move that Minor Subdivision, Case MS-76-02 at West 32 Avenue and Pierce Street be denied for these reasons 1. It was opposed by the residents in the neighborhood. 2. The configuration of the lot sizes meet the technical requirements of the ordinance but not the spirit of the ordinance calling for planned orderly growth." Motion was seconded by Councilman Turner and passed 5-0. Councilman Turner requested that the Planning Dept. bring an ordinance amendment which had been passed previously which allows building of doubles etc. on lots which do not meet the code back for reconsideration before Co~ncil. Item 3. was second reading for Ordinance No. 213 regarding street vacation Case WV-75-01 at 5800 W 44 Avenue. The Ordinance was introduced on second reading and the title was read. Motion by Councilman Merkl "I move for the adoption of Ordinance No 213 on second reading (and order it published.)" Motion was seconded by Councilman Turner. Motion to Amend by Councilman Merkl "I move to amend Ordinance No. 213 by changing Section 2. to read as follows 'Section 2. The provisions of this ordinance are necessary to the immediate preservation of the public health and safety of the citizens of the City of Wheat Ridge, Colorado for the following reasons 1. That said property is not needed for public use. 2. That this ordinance is necessary to correct an error made by the County Commissioners of Jefferson County, Colorado.' And by changing Section 3. to read as follows 'Section 3. Effective Date. This ordinance shall take effect and be in force upon adoption by an affirmative vote of three-fourths of the members of the City Council of the City of Wheat Ridge, Colorado, following final passage and signature of the Mayor.' I further move that in Section 1. in the fourth paragraph that the word 'wate~' be added after the word 'sewer,.'" Motion was seconded by Councilman Howard and passed 5-0. Question was called on amended Motion and passed 5-0 to adopt the Ordinance as amended. Councilman Cavarra voted "aye", Councilman Donaldson voted "aye', Councilman Howard voted "aye", Councilman Merkl voted "aye" and Councilman Turner voted "aye." Councilman Hulsey was absent. Item 4. was second reading for Ordinance No. 212 which amended ordinance No. 15 pertaining to the Board of Adjustment. The ordinance was introduced and the title was read by the Clerk. Councilman Howard questioned who would determine if the property could not yield a reasonable return in use, service etc. and other itemized evidence requirements. Motio~ by Councilman Merkl "I move for the adoption of Ordinance No.212 and order it published and posted." Motion was seconded by Councilman Donaldson and passed 4-1. Councilman Donaldson voted "aye" Councilman Howard voted "nay", COJncilman Merkl voted "aye", Councilma~ Turner voted "aye", and Councilman Cavarra voted "aye." Councilman Hulsey was absent. Item 5. was a request from the Police Dept. to send a member for an Instructor Training Seminar. Motion by Councilman Merkl "I move we allow Officer William Piper, Police Dept. Training Officer, to attend a 2 week Instructor's Training Seminar at the So~them Police Institute in Louisville, KY from 7/12-23/76 at a cost not to exceed $757.50 to be charged to Account 423.13." Motion was seconded by Councilman Donaldson and passed 5-0. MINUTES - 6/14/76 - Continued -4- Item 6. was approval of an intergovernmental agreement for a 911 Emergency Communication System throughout the County. City Attornev Fox advised this matter should be tabled. Motion by Councilman Donaldson "I move to table this matter." Motion was seconded by Councilman Cavarra and passed 5-0. Item 7. was authorization for purchase for light and siren equipment for 5 policBcars. Councilman Howard made a Motion~hich died for lack of a second )to purchase the lights from Rocky Mtn. Police Supply for $1525.58 which was a lower price but did not meet the City's required specifications Motion by Councilman Cavarra "I move that the lowest and best bid be awarded to R.T. Crossman Inc. at 840 N. Main Street, Orange, CA 92668 for 6 - Model 2200 Overhead lights and 6 - model EAS - 100 Siren Speakers at a cost. not to exceed $1915.20 to be charged to Account 422 42." Motion was seconded by Councilman Donaldson and passed 5-1 Councilman Howard voted "nay" and Councilman Hulsey left a sealed voted of "aye." Item 8. was Resolution No. 448 which appropriated funds to purchase the public address and recording system for the Council Chambers. Resolution No. 448 was introduced by Councilman Merkl and was read in full. Motion by Councilman Merkl "I move for the adoption of Resolution No. 448." Motion was seconded by Councilman Donaldson and passed 4-1. Councilman Cavarra voted "aye", Councilman Donaldson voted "aye", Councilman Howard voted "aye", Councilman Merkl voted "aye" and Councilman Turner voted "nay." Item 9. was award of bid for the heating/cooling system for city hall. Motion by Councilman Donaldson "I move that the lowest and best bid be awarded to J&J Heating and A/C Co. Inc. at 5530 Harlan St., Arvada CO for equipment and installation of heating and air conditioning system at a cost not to exceed $2541.00 to be charged to Account 417.42." Motion was seconded by Councilman Turner and passed 5-0. Item 10. was request for an increased premium payment for an increase in bodily injury liability from $100,000/300,000 to $250,000/500,000 as required by the umbrella market. Motion by Councilman Merkl "I move to approve payment of $2474.00 to Galbraith & Green Inc. for the premium due to increased Automobile Liability Insurance and that the following accounts be char~ed Police Administration 420.36 $1088.56 Community Development Admin. 418.36 173.18 Administrative Services 417.36 61.85 City Administrator 413.36 37.11 Public Works Administration 440.35 592 72 Parks & Recreation Parks Maint. 462.35 420.58." Motion was seconded by Councilman Cavarra and passed 5-0. Item 11. was approval of payment of $1635 to Norman Gallaher Insurance Agency for additional commercial business policy premium due per the annual audit. This matter was deferred until 6/28/76 so that Mr. Gallaher could be present. Item 12. was cancellation of the 7/5/76 meeting due to the July 4th Holiday. Motion by Councilman Donaldson "I move to cancel the July 5th meeting due to Indepsndence Day" Motion was seconded by Councilman Turner and passed unanimously. MINUTES - 5/14/76 - Continued -5- Item 13. was a request by the City Admini5traLor to attend the International City Management Assoc. Annual Conference in Toronto, Can the week of 9/25/75 through 10/1/76. The exact cost was not given. Motion by Councilman Merkl "I move we tentatively authorize Mr. Jerman to plan to go to Toronto during the week of September 26th, 1975, with no funds at the present time." Motion was seconded by Councilman Cavarra and passed 5-0. Mr Jerman is to come in with the cost at a later date Item 14. was change in the 1977 Budget Preparation Calendar. Mr. Jerman stated the preliminary budget would be 8/25/76 instead of 9/13/76 for presentation and there would be 3 Study Sessions instead of 2. Item 15. was a follow-up report concerning the reconstruction of Kipling Street from 1-70 to Ralston Road by the City of Arvada. A letter from the City of Arvada had been distributed. Council stated they wanted to know what design the street would take before they made any commitments. Motion by Councilman Merkl "I move we write a letter back to the City of Arvada stating that when the final design selection is made the City of Wheat Ridge will take action." Motion was seconded by Councilman Howard and passed 5-0. City Attornev Fox stated that Mr. McNabb from the telephone Company should be invited before Council to discuss the franchise tax problem. Council agreed to schedule this for 6/21/76 Study Session. Councilman Merkl stated the Street Improvement Com.had met and they had discussed repairing crosspans in the City with excess funds instead of paving additional streets. A list of 19 crosspans had been distributed. He stated 4 crosspans needed immediate work. Councilman Cavarra asked if other alternatives had been discussed, and it was agreed that Council members should investigate the areas listed and could add or delete from the list. Motion by Councilman Merkl "I move we start work on the 4 crosspans (35th & Ames, 35th & Benton, 41st & Ingalls and 41st & Harlan), and that in regards to the other 15 p~ns listed, each member of Council should drive the area next week and bring their recommendations before Council at the next Study Session." Motion was seconded by Councilman Donaldson and passed 5-0. Councilman Cavarra requested the cost breakdown of the crosspans versus paving brought in. Item 15. was reappointment of two members of the Personnel Commission whose terms had expired. Motion by Councilman Merkl "I move for the reappointment of Harry Mesrdink and Dora Piccoli to the Personnel Commission." Motion was seconded by Councilman Donaldson and passed 6-0. Councilman Hulsey left a sealed vote of "aye." Item 17. was reappointment of members of the Police Advisory Board and a Resolution authorizing the Board had been distributed. The Mayor asked that this be deferred until 6/21/76 and Council agreed. Councilman Turner asked if it was Council policy to allow written votes to be counted from absent members on any item on the Agenda. Mavor Stites stated if the member is acquainted with the subject and has sufficient information then he may leave a vote subject to recommendation from the Chair with concurrence of Council. City Attornev ~ stated that a written vote would not be allowed if a motion was made modifying the matter other than that which was presented to the Council when the person was present. Councilman Cavarra requested thai. a discussion of the new liquor and beer laws be scheduled for the 5/21/75 Study Session. Meeting was adjourned at 10 00 P .m. ~ ,) ) (/ I ~(---'k'). I APp~~d/ . ~~~[~~~tr;1< ~i'5J~ &~~e:: The City of ELISE McMILLEN BROUGHAM CITY CLERK FRANK STITES MAYOR COUNCILMEN JOSEPH M. DONALDSON LAWRENCE G. MERKL ROBERT G. HOWARD CALVIN 0 HULSEY MARY JO CAVARRA LOUISE F TURNER Wheat Ridge 7470 WEST 38TH AVENUE WHEAT RIDGE COLa 80033 TELEPHONE 303,4218480 MINUTES - 5/14/75 - Continued _ Page 6. (pfy /1/' -,. \ , / ( --t~" J , I ^ ! I, '" .("" ~, .iJ 4. \ '- , , , ........,.-..--, c I I ,. { ( i. i -i j. ~_ ( I. 1 !)I'!I(I-ll. ( !//lh.lll() CL\11:. \f1f H/IF\l1\\I.l! (II '/ hi ((II II (I t I () II ( ! 1\ .. ELISE McMILLEN BROUGHAM CITY CLERK COUNCILMEN JOSEPH M. DDNALOSON LAWRENCE G. MERKL ROBERT G. HOWARD CALVIN O. HULSEY MARY JO CAVARRA LOUISE F TURNER FRANK STITES MAYOR The CltV of Wheat Ridge 7470 WEST 38TH AVENUE WHEAT RIDGE COLD 80033 TELEPHONE 303,4218480 MINUTES _ 6/14/76 - Continued - Page 7. -...1 1 IlfFfi III Illjllf(-ll.)() (FYfI-\ \ f 1/ !if( '!. \ n ,f-ll. un I -/ ,- \ \ / /; . I ! II ('(/ 1'/1 (/ t ! ( J/ I ( I h . r;fN 17y / " ,. i. \. / .. , J ,- i. J} r _J t,. 0( 1 / { L. (;...... / j I I .~ I ELISE McMILLEN BROUGHAM CITY CLERK COUNCILMEN JOSEPH M. DONALDSON LAWRENCE G. MERKL ROBERT G. HOWARD CALVIN O. HULSEY MARY JO CAVARRA LOUISE F TURNER FRANK STITES MAYOR The City of Wheat Ridge 7470 WEST 38TH AVENUE WHEAT RIDGE COLO 80033 TELEPHONE 303/4218480 MINUTES - 6/14/76 - Continued - Page B. 4 I , I ; 1 I if I JI ! II (J!i II~.I I() CL\JL.\ 1/.1I Hi!} fI \ I, (II l r-', I j, ~ , I f , , l <. /..L II I " ,-- f / ;, --:'. I , \ '~, ~.( (}t-" ) / . 11/1 (IUI/U/IIIII (1/\ ! , j f'- fL' .- ,- '" < . t i I i f \.-C { .r _{ [ I ! , ~ ) L , ~ ,v ('